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HomeMy WebLinkAbout1949-12-191 1 489 SELECTMEN'S MEETING December 19, 1949 A regular meeting of the Board of Selectmen was held in the -Selectmen's Room, Town Office Building on Monday evening, December 19, 1949 at 7:00 P. M. Chairman Emery, Messrs. Gay Driscoll, Nickerson and Hoyt were present. The Clerk was also-bresent. Mr. Joseph H. DeFoe, Supt. of Public Werke, met with the Board and requested permission to purchase gasoline and diesel oil for 1950. He presented -the members of the Board with bids received from nine companies and explained that the Shell Oil Company has been supplying gasoline to. the Town for eight 4r nine years. He stated that the Shell Company has been very reliable, always taken care' of the Gas`and town's requirementsandalso installed three 1,000 gallon Oil for tanks. He said that he would prefer not to begin doing 1950 business with a small company. The Chairman inquired as to how much money is involved in the difference between the low bids and Mr. DeFoe said that it is $160. Mr. Driscoll said that the Lincoln Oil Company is not as large as either the Shell Oil or the Esso. Mr. Hoyt expressed the opinion that it might be just as well to give the business to Esso or Shell. Mr. Driscoll said that personally he thought Shell is a reliable concern and Mr. Nickerson said that he would not change companies for the -small amount of money involved. Upon motion of Mr. Hoyt, seconded byMr. Gay, it was voted to authorize the Supt. of Public orks to purchase the 1950 supply of gasoline and diesel oil from the Shell Oil Company. Mr. DeFoe reported further on the request for the acceptance of Theresa •Avenue _and said that he had conferred with both Jerome Garrity and James Burdick, two property owners who are not in favor of having the street accepted Theresa by the town. They both told Mr. Dene very frankly that Avenue their main objection was the fact that it would be diffi- cult for them to pay the betterment assessments even though they were extended over a period of years. These two individuals feel that there is very little traffic on this street. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to instrnnnt the Supt. of Public Works to advise the petitioners that the Board is of the opinion that there is not unanimity enough among the property owners to justify submitting the street to a Town Meeting for acceptance. Further consideration was given to Miss Willard's request for abatement of the water betterment -assessment: levied against Lot C, North Street. Mr. DeFbe explained that the distance involved is 316.53'feet and the amount 490 Willard water better- ment assess- ment • Cataldo betterment assessment Leary claim Smart claim is $395.66. The Chairman stated that a majority of the members of the Board had viewed the property and agreed that this particular parcel of land is very swampy and in its present condition no benefit has accrued to the land. Upon motion of Mr. Gay, seconded by Mr. Nickerson it was voted to authorize the Chairman to write Miss Willard to find out whether or.not she would-be willing to enter into an agreement such as that prepared by Mr. Wrightington for Mr. Sullivan. Mr. DeFoe informed the Board that he had received a request for a change in the sewer betterment assess- ment levied against Mr. Carlson's property on Castle Road. He explained that Mr. Carlson is the only individual owning property on this Road other than Mr. Baskin. 'He contends that he has not been properly assessed. Mr. DeFoe was instructed to obtain further information re- lative to the sewer on Hayes Avenue and report next week. At 7:40 P. M. Mr. Ciriaco Cataldo met with the Board relative to the sewer betterment levied against - his property on BOW Street. He said that he did not sign the application forthe installation of the sewerand his betterment amounts to $518.40. He stated that if a house were built on the land it would not be possible to have a laundry in the cellar. Mr. Cataldo said that he had no intention of dividing his farm land into house lots. The Chairman asked if he would be willing to enter into an agreement whereby the assessment would be abated but in the event he disposed of the property or subdivided it, the assessment would then become payable to the Town. Mr. Cakaldo said that even if the land were divided this particular area could not be used. The Chairman said that the Board would consider the matter further and contact Mr. Cataldo some time about the middle of January. Mr. Cataldo said that he would leave it up to the Board and retired at 7:55 P. M. The Chairman read a letter from Miss KatherineT. Leary, 45 Waltham Street stating that she is not satisfied with the condition of her property as a -result of the Waltham Street widening project. Mr. DeFoe informed the Board that he has already discussed this with Town Counsel. The Chairman instructed Mr. DeFoe to contact Mr. Lynch again to find cut the status of Miss Learyts claim. The Chairman read a letter'from Paul J. McCormack, representing Mrs. Rosabel Smart, stating that Mrs. Smart fell over a guy wire attached to a snow fence on Waltham Street and sustained a broken leg. Mr. DeFoe told the Board that he had sent the Town Counsel a copy of Mr. McCormack's letter. 100044 1 491 The Chairman read a letter from Mr. DeFoe requesting a transfer of $1;000 for the Road Machinery Account. He asked Mr. DeFoe if he would have any objection to Transfer the Board being very frank with the Appropriation Committee and request a transfer of only $500 with the understanding that an additional amountwill be requested if any substantial emergency repairs become necessary. Mr. DeFoe had no objection. Mr. DeFoe retired at 8:03 P. M. Items acted upon by Mr. Emery and Mr. DeFoe, Monday morning, December 19th. a. Request by Dr.'Crumb to have pond on Pelham Road opposite Eliot. Road flooded. b. Request to change street number for 19A.0akland Street. Approved if all properties beyond 19A are willing to change their numbers at no expense to Town of Lexington. c. Report on markers for hydrants. Will report when.com- plete information is available. At 8:03 P. M. bids were opened on two-way mobile radio equipment. Chief Rycroft, Deputy Chief Cook, Engineers Lewis Two-way and Littlejohn and five other persons were present. mobile radio Link #1 $3972.00 #2 $3947.00 equip- R.C.A. 4170.00 ment Motorola 4191.77 Raytheon #1 3739.47 #2 3271.41 (not final) Harvey 3985.70 Mr. Anderson, representing the Motorola company questioned the bid received from Raytheon and stated that it was not a complete bid. The Chairman asked if the Raytheon bids conformed to the specifications and the company representative replied that they did with two exceptions. Mr. Grady, representing the Link radio stated that the bid submitted by Raytheon was incorrect. Mr. Chairman explained that the Board would consider the bids and confer with the engineers and arrive at some decision within two weeks. The group, with the exception of the Chief of Police and the engineers, retired. Mr. Lewis said that he and Mr. Littlejohn have opinions which they can't verify until they see the specifications. He said that he did not think the Raytheon Company should be un- duly penalized because the Link representative had the fore- sight to call the engineers and Raytheon did not. He said that Raytheon is very anxious to get the job, but the engineers are not sure that their equipment is the best for the town; even if the bid,is lower. They have bid on equipment in stock and he 492 Police said he thought it inadequate. It may be all right today but be obsolete two years from now. The Chairman, with the approval of the Chief of Police, gave the bids to the engineers who agreed to analyze them and report to the Board after January lst. The group retired at 8:25 P. M. Certification of the Boards requisition for three permanent patrolmen was received from the Vivision of Civil Service. The Clerk was instructed to request an extension of time and to make en appointment for those on the - list to meet with the Board on Tuesday evening, December 27 for interviews. Mr. Leland H.'Emery, Chairman of the Board of Assessors, met with the Board. A general discussion was held relative to various matters such as pdrsohnel, budgets, policy, etc. Assessors Mr. Emery submitted his resignation as a member of the - Board of Assessors and the Chairman asked him if he would retire for a few minutes which he did. The Chairman then polled the Board and -the Selectmen were unanimous in the decision that -the present Board of Assessors should remain in office, and therefore,.. did not accept the resignation. Mr. Emery returned to the meeting -and the Chairman informed him of the Board's decision.-Mr.Emery agreed - to discuss the subject of compensation -with his Board and write'to the Selectmen or make an appointment to meet with them. Mr. Emery retired at 9:35 P. M. Miss Joan Gindorf, reporter on the Leader, met with the Board. She stated that she had consulted the Clerk of the Parking Board, Superintendent of Public Works and Town Counsel Meters relative to parking meters. She -said that Mr. DeFoe had told her that the company has been decided upon and asked if the Board was ready to -release the name.. The Chairman explained that the exact meter has been.. selected but the Board would rather wait until a contract has been signed before any publicity is given to the name of the concern. Miss Gindorf asked if the figure of $60 for the meters is correct and the Chairman replied that it is about right and -if Mr. DeFoe told her, it is no doubt correct. Miss Gindorf asked if the State had approved the parking meters and the Chairman said that he would have the answer for her in the morning. • She asked if the streets, other than Massachusetts Ave- nue, had been decided upon and the Chairman replied that there is still some question about one or two streets. The layout has been submitted to the State, but the Board might decide to eliminate some of the proposed locations. Maimml 0040 1 493 The Chairman inquired, as did Mr. Gay, as to the purpose of the interview. Miss Gindorf explained that she intends to do a story on parking meters and would like to know, at the. present time, what steps are re- quired before the meters are installed, where the pro- gram stands now, and what has to be decided. The Chairman explained that the Board must obtain' formal approval of the contract, sign the contract and, he presumed, a vote of the Board -instructing the company to proceed with the installation. However, before such a vote is passed the Board would like to again consider two or three proposed locations. Miss Gindorf asked if the company had been decided upon before the petition was filed in November and the Chairman replied in the affirmative. Miss Gindorf retired at 9:50 P. M. Mr. 'William G. Potter, of the Planning Board, met with the Selectmen. He reported that Mr. Gustave Larsen and his attorney, Mr. Peters, met with the Planning Board and he 18 -agree- able to all the conditions outlined by the Planning Board and is willing to pay his share of the cost of installing water in Oak Street. Mr. Larsen has agreed to deed,to the town a forty foot strip of land for a street, to be a connecting link between Hillside Avenue and Oak Street. Oak Mr. Potter said that Mr. Larsen definitely does not Street expect the street to be constructed now and the Planning Board did not guarantee anything as to when it might be built. He will also deed to the Town a tenfoot strip of his land, which varies in width from three to eleven feet, as needed to make Oak Street forty feet wide. He will have three lots of his own land on the street and agreed to pay the betterments when the street is built. $� Mr. Potter explained that the retaining wall is definitely out, and no agreement will be made to con- struct sidewalks. The Planning Board did, however, tell. Mr. Larsen that they would ask the Selectmen to give him priority on the water in the spring. Mr. Larsen will pay for all the water that the Town installs from now on. He said that he thought the Town Counsel should prepare the agreement. The Chairman said that the Selectmen had told Mr. Larsen that if he would give the Town the ten foot strip and record the land the Planning Board wanted, the Select- men would put the water on the priority list. He requested the Planning Board to have the necessary documents prepared by Town Counsel for the Board's signature. Messrs. Cromwell, Adams and Couette arrived at the meeting. Mr. Potter mentioned that he thought the Selectmen, Planning Board and Board of Appeals should meet to discuss the numerous violations of both the -Zoning and Building By-laws. He said that considerable time and thought has 494 Long Range Planning Committee Report been given to the preparation of new Zoning By-laws and he couldn't see the sense to them if they are not to be enforced. He suggested that the Boards decide who, is going to enforce the rules and regulations of the Town. The group, with the exception of Mr. Adams, retired at 10:20 P. M. He informed the Board that the Long Range Planning Committee is preparing a report and feel somewhat that a copy of the report should be sent to every registered voter. The problem, at the present time, is obtaining money to have the report printed and mailed, and the top figure, which is more or less. a guess, is $1200. The Chairman asked if the Committee is unanimous in recommending distributing copies to every voter and Mr. Adams said they thought it was a good idea. The Committee feels that it should be a. written report and not give verbally at Town Meeting. He said that to print 300 copies would cost possibly $300. The Chairman said that his reaction would be to send it to the Town Meeting Members and have. it printed in the local paper. Mr. Hoyt suggested that the Selectmen find out whether or not the Appropriation Committee would approve of the Planning Bowed financing the cost of. the reports. Mr. Adams retired at 10:35 P. M. Chairman Patterson and Mr. Cleveland of the Appropriation Committee met with the Board. The Chairman of the Board of Selectmen explained about the Long Range Planning Committee Report and said, that the Selectmen do not feel particularly sympathetic toward sending the report to every registered voter but rather to the Town Meeting Membdrs and possibly having it printed in the local paper. He said that the question came up as to whether it would be proper to utilize part of the Planning Board's unexpended balance for this pur- pose. Mr. Patterson said that the Appropriation Committee report is double the, thickness of what this report will lie and it cost $700 for mailing and printing. �., The Chairman asked if the Appropriation Committee would be in favor of sending it to every registered -voter If it could be done for $500, and Mr. Cleveland replied that the Committee felt there is enough educational value in the report that it should be sent to the voters and it would be worth the money. The Chairman asked, assuming that the Selectmen vote. to recommend a transfer from the Reserve Fund, or have the cost paid from Planning Board funds, how the money could be kept from lapsing. Mr. Patterson replied that bids and a bonafide con- tract would have to be obtained. He said that his Committee would be agreeable to transferring $500. 1 The Chairman said that he did not think the Selectmen ehould enter the picture at all and Mr. Cleveland asked if they shouldn't at least make a recommendation. The Selectmen were of the opinion that this is something not within their jurisdiction but were in sym- pathy of having the report mailed to all registered voters if it could be done for $500. Messrs. Patterson and Cleveland retired. Letter was received from Mr. Lynch, together with a letter from the Continental Casualty Company relative to Bond No. 708750, A D. Daddario to Town of Lexington. Mr. Lynch asked tohave the copy signed by at least three members of the Board and r, turned to him. Mr. Driscoll moved that -the communication be signed and returned to Town Counsel. Mr. Nickerson seconded the motion and it was so voted. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to grant the following licenses. Edgar J. Thivierge 1752 Mass. Ave. Common Victualler (renewal) John J. Donato 18 Mass. Ave. Peddler (new) Fred N. Viano 1794 Mass. Ave. Sunday Movies Licenses to be signed !Approved by Alcoholic Beverage Commission) Joseph Trani, Inc. John J. Rudd German's Market, Inc. 1757 Mass. Ave. 1849 Mass. Ave. 12 Mass. Ave. Package Goods Store 11 11 tt it It it 495 The Chairman read a letter from Officer Henry H. Harvey Harvey requesting retirement. Mr. Harvey said in his letter that retirement due to illness he will no longer be able to perfomm his duties as a Police Officer. Mr. Driscoll moved that Dr. Harold J. Crumb be appointed to serve on the Medical Panel, required by law, to examine Officer Harvey for ordinary disability retirement. Mr. Nickerson seconded the motion, and it was so voted. Letter was received from Mr. Edwin B. Worthen advising that on October 19, 1849 there was on deposit in the Lex- ington Savings Bank, under Trustees of Public Trusts, Cemetery Funds, a total principal of $24735. represented by 226 se- parate accounts. Letter was received from Commissioner Long establishing the sum of $54,200 for the indemnity bond of the Treasurer for 1950 and $54,700 for the Tax Collector. Upon motion of Mr. Hoyt, seconded by Mr. Gay it was Treasurer voted to establish the sum of S54,200 as the amount not less & than which the 1950 bond of the Treasurer shall be written Collector and to establish the sum of $54,800 as the amount no less than Bond which the 1950 bond of the Tax Collector shall be written. 496 Transfer Memo was received from the Clerk advising that it is necessary to secure a transfer of $2210 to pay outstanding bills in the Law Depargment - Special Fees Account. The Chairman had itemized" bills representing this amount. Mr. Hoyt moved that the Appropriation Committee be requested to transfer the sum of $$2210 from the Reserve *kind to the Law Departmea - Special Fees Account. Mr. Nickerson seconded the motion, and it was so voted. Statement was received from the State Department -of Public Works relative to the agreement dated August 16, Chapter 1949, Chapter 90, Grove Street (guard rail). 90 Upon motion of Mr. Gay, seconded by Mr. Driscoll, it Guard railwas voted to sign the statement, which had been approved ---by the Suptt. of Public Works, and return it to the State Department of Public Works. Letter was received from the Town Clerk adtisiag that the following individuals have been appointed by the Moderator to serve on the Elementary School Building William M. Hall • Donald N. Fifield Frederic K. Johnson H. Webster Thomas Ernest Cutter Appropriation Committee Capital ()Utley Committee Planning Board Sehool'Committee Resident at large It was decided to meet with the Long Range Planning Committee on Thursday evening December 29, 1949 at 7:30 P. M. The next regular meeting'of the Board wilbbyheld on Tuesday evening, December 27, 1949. The -meeting Adjourned at 11:20 P. M. A true record, attest. 1 1